Citations
- 21 F. Supp. 961
Full opinion text
UNDERWOOD, District Judge.
Petitioner was arrested upon a warrant issued, on August 12, 1933, upon an information filed, on August 3, 1933, in the Fourth -judicial district of the state of Louisiana. While in .jail on this warrant, he was indicted, on November 6, 1933, in the.United States District Court for the Western District of Louisiana.
The two cases were founded on the same facts, alleged to constitute, at the same time, a violation of both federal and state law. Both the federal indictment and the state information were against this petitioner and another, Rubin Moore, and the charge in each was that they defrauded one Susan Williams of the sum of $25 by falsely representing themselves to be federal officers and able to collect money which they pretended was due her by the United States.
On November 7, 1933, with the acquiescence and consent of the state authorities, the defendants were brought into the federal court, where they pleaded guilty and the following sentence was imposed:
“Both defendants' appearing before the bar of this court were duly arraigned and pleaded guilty. Each accused, on the first count was sentenced to serve three years in the United States Penitentiary at Atlanta, Ga. On the remaining counts, it was ordered that each accused be sentenced to five years in the same institution, but the execution of which was ordered, suspended and conditioned upon each defendant not again violating any other law, State or Federal, during the period of said suspension which'is to be five years from the date of the expiration of said sentences on Count one.”
On the same day, .November 7, 1933, there issued, in pursuance of the above sentence, a writ of commitment directing the marshal “to carry forthwith and deliver the body of the said-Will McPike, with alias, into the custody of the Warden of the United States Penitentiary at Atlanta, Ga.,” and directing the warden “to receive the body of the said Will McPike in the said United States Penitentiary in Atlanta, Ga., and him there safely keep in accordance with said sentence, for the term of three years, dating from the 7th1 day of November, 1933, or until he be otherwise discharged by due process of law.” (Certified copy of commitment attached to affidavit of Joe Keene, Deputy United States Marshal for the Western District of Louisiana.)
The marshal’s return, appearing on the back of the commitment, is in the following language:
“U. S. Marshal’s Return. Marshal’s Docket No. 12959 Dated Nov. 16, 1933.
“Received this Writ Nov. 16, 1932.